In recent days, the situation in the health sector has been tense, not only for the discussion of the reform in extraordinary sessions, but also for the records of the Constitutional Court towards the Minister of Health, Guillermo A. Jaramillo and towards the portfolio.
(See: Court rejected request for clarification of the UPC submitted by the Ministry of Health)
In context, the high court issued two cars; on 2049 of 2024 and 007 of 2025, where in the first it asks for clarifications regarding the administration of the maximum budgets, that is, the resources that are not contemplated within the health benefits plan (PBS) and The second refers to doubts about the sufficiency of the Capitation Payment Unit (UPC).
Taking this into account, the situation has been rising, because the cars of the Court, according to experts, within the framework of the Political Constitution were made to be fulfilled, and even more those that occur in the follow -up of the judgment T -760/08, which seeks to guarantee the fundamental right of health.
(See more: MINSALUD says that he is not in a situation of contempt with respect to the courts of the court)
According to Jesús Albrey González, president of the Bar Association in Medical Law, The Government is entering a dilatory attitude to comply with the constitutional orders of the judgeswhich leads to cracking the independence of the powers and challenges the social rule of law.
“In the end, the orders issued within the framework of the Special Monitoring Chamber of Judgment T-760/08 are precisely to guarantee the fundamental right to the health of the Colombian population, whose rectory corresponds precisely to the same ministry that has decided to delay compliance of those orders”, Said González.
However, this situation has an essential background that are patients. The health sector in recent years has faced a series of challenges that imply a de -financing of the system, debts and wallets in red, and also a series of interventions in the health promoting entities (EPS), what has led patients at a risk point due to structural problems.
(Also read: Why grew health access barriers in the country for cancer patients)
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In that order of ideas, Experts argue that at this time the health, well -being of the population and the fulfillment of institutional institutions and institutional processes are at stake. This was confirmed by Augusto Galán, director of Thus, we are in health and former minister of the portfolio, who also pointed out that in this type of cases the responsibilities by the Ministry cannot be evaded or subverted.
(Read: How long can EPS postulate maximum budget payments, according to ADRES?)
“What the Court is saying is that, as it had been warned, the health system has a structural definance that has to be corrected and that has to be done by the Ministry of Health together with the Ministry of Finance, because also in the car you He says that this second portfolio is also guarantor of that responsibility”He said.
It should be noted that the 007 car of 2025, which refers to the sufficiency of the UPC for this year, has implications, as well as 2049 of 2024, on a possible contempt by the minister and the portfolio.
However, the same Ministry of Health, through a statement, argued that the cars that dictate the orders, They are not firm since clarifications were requested, But it should be noted that in principle, the request for clarification does not suspend compliance with the court order.
(See also: New EPS does not deliver financial information since March 2024)
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“This is because the records of the Constitutional Court in the process of monitoring orders have immediate effects, unless expressly provided otherwise by the same Court in the specific case, and exceptionally such request proceeds after complying with a series of requirements that really merit the clarification, which must be evaluated by the room; This has been reiterated in different pronouncements”Said the president of the Bar Association in Medical Law.
(Read more: Six EPS intervened leave the guilds to optimize health resources)
Therefore, one of the situations that could happen, in case the orders are not fulfilled, is that after due process, The minister and public officials responsible for fulfilling judicial orders could be declared in contempt.
“This would imply according to art 52 of Decree Law 2591/91, is that they could be sanctioned with arrest of up to six (6) months and a fine of up to 20 SMLMV until the order is fulfilled, without prejudice to the beginning of the criminal actions to have place, especially the punishable fraud to judicial resolution, prevaricate by omission, among others contained in Law 599 of 2000 (Criminal Code)”González explained.
(See also: Court declared the UPC of 2024 insufficient and ordered readjustment to last year and 2025)
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Implications in the system
According to data that the portfolio knew, not to put in front of the situation of the maximum budgets can lead to an increased risk for patients, especially those of high cost, because health barriers would increase affecting user service.
It should be noted that the resources allocated to the maximum budgets are not a risk premium, so it is important There will be no services.
(Also read: New Maximum Budget Methodology does not resolve health definance)
For that reason, it is estimated that the Colombian health system has already begun the foolish year, not only because of the decision to increase the UPC by 2025 only by 5.36%, but also because only of maximum budgets would need about $ 4.2 billion.
In addition, if the increases in the increase of the UPC that the different actors such as Anif, Acemi and the Andi, The health of Colombians would be definanced in this 2025 on average at $ 12.9 billion.
That means that only so far this year, without closing Februarythe country already has a health deficit close to billion pesos. For this reason, Augusto Galán reiterated that the courts of the Court seek to establish a work table, not only to properly finance this line, but also to address the calculations that are made for the determination of the resources.
(See: Adres refers to the information contrast to the Comptroller’s Information by calculation of the UPC)
“The orders include several aspects on the calculation of the lag that has been in the UPC of 2021 to date and that has to be corrected, on the calculation methodology of the payment unit per capitation, on the maximum budget that the backward from 2022 and that has to be clear how much it was due in 2024 and must also pay it”, He concluded.
